Quality Built Homes Inc. v. Town of Carthage
Quality Built Homes Inc. v. Town of Carthage
Opinion
The issues before us in this case involve when the claims that plaintiffs Quality Built Homes Incorporated and Stafford Land Company, Inc., have asserted against defendant Town of Carthage accrued and whether plaintiffs' claims are barred by the one-, two-, -three-, or ten-year statute of limitations and the doctrine of estoppel by the acceptance of benefits. After careful review of the claims asserted against the Town in plaintiffs' complaint and the applicable law, we conclude that plaintiffs' cause of action accrued upon the Town's exaction of the unlawful impact fees against plaintiffs and that plaintiffs' claims against the Town arise from a liability created by statute that is subject to the three-year statute of limitations contained in N.C.G.S. § 1-52(2). In addition, we further conclude that the Town's assertion that plaintiffs' claims are barred by the doctrine of estoppel by the acceptance of benefits lacks merit. As a result, we affirm the Court of Appeals' decision, in part; reverse the Court of Appeals' decision, in part; and remand this case to the Court of Appeals for further remand to the Superior Court, Moore *221 County, for further proceedings not inconsistent with this opinion.
The Town operates a public water and sewer system for the benefit of its residents. In 2003, the Town adopted two ordinances providing for the assessment of water and sewer impact fees known, respectively, as Ordinance § 51.076 and Ordinance § 51.097. According to the Town, the required impact fees were to "be used to cover the cost of expanding the water [and sewer] system[s]," with fee payments due and owing at the time of final plat approval or at the time at which the payment of a separate fee intended to cover the cost of connecting end-user customers to the Town's water and sewer system was made. As of the time that this action was commenced, Quality Built Homes had paid the Town $66,000.00 in water and sewer impact fees and placed an additional $4,000.00 into an escrow account following the filing of its complaint 1 and Stafford Land had paid the Town $57,000.00 in water and sewer impact fees.
On 28 October 2013, plaintiffs filed a complaint against the Town in the Superior Court, Moore County. In their complaint, plaintiffs asked the trial court "to determine whether [the Town] has authority to enact and enforce portions of its ordinance regulating the collection of [the water and sewer] impact fees" and sought to recover the unlawful impact fees that they had paid to the Town, plus interest, as authorized by N.C.G.S. § 160A-363(e), and attorneys' fees, as authorized by N.C.G.S. § 6-21.7. On 23 June 2014, plaintiffs amended their complaint to include claims asserting that the challenged impact fees violated the equal protection and due process provisions of the North Carolina Constitution, resulted in unreasonable discrimination in violation of N.C.G.S. § 160A-314, and contravened the Town's impact fee ordinances. On 29 August 2014, the Town filed an answer to plaintiffs' amended complaint in which it denied the material allegations of the amended complaint and asserted a number of affirmative defenses, including claims that the challenged impact fees had adequate statutory authorization and that plaintiffs' claims were barred by the applicable statute of limitations and the doctrine of waiver or estoppel through the acceptance of benefits. After the parties filed cross-motions for summary judgment, the trial court entered an order on 17 October 2014 granting summary judgment in favor of the Town. Plaintiffs noted an appeal from the trial court's order to the Court of Appeals.
On 4 August 2015, the Court of Appeals filed an unpublished opinion holding that the Town had "acted within the authority conferred by North Carolina General Statutes, sections 160A[-]312, -313, and -314 to collect a water and sewer impact fee."
Quality Built Homes Inc. v. Town of Carthage
,
*222
On 30 December 2016, the Court of Appeals filed an unpublished opinion holding that plaintiffs' claims against the Town were subject to the ten-year statute of limitations set out in N.C.G.S. § 1-56,
Quality Built Homes Inc. v. Town of Carthage
, --- N.C. App. ----,
In seeking relief from the Court of Appeals' decision before this Court, the Town argues that the Court of Appeals had ignored the fundamental legal principle that a claim accrues when the right to maintain an action arises, which, in this case, was the date upon which the challenged ordinances became effective, citing
Williams v. Blue Cross Blue Shield of North Carolina
,
In the Town's view, the applicable statute of limitations for purposes of this case is the one-year statute of limitations set out in 1-54(10) and N.C.G.S. §§ 160A-364.1(b), which governs challenges to the validity of zoning and development ordinances. According to N.C.G.S. § 160A-364.1(b), which applies to actions "challenging the validity of any zoning or unified development ordinance or any provision thereof adopted under [Article 19, Planning and Regulation of Development]," N.C.G.S. § 160A-364.1(b) (2017), and N.C.G.S. § 1-54(10), which applies to "[a]ctions contesting the validity of any zoning or unified development ordinance or any provision thereof adopted under ... Part 3 of Article 19 of Chapter 160A of the General Statutes,"
id
. § 1-54(10) (2017), the applicable statute of limitations is one year. The Town contends that N.C.G.S. § 160A-363(e) should be harmonized and construed with N.C.G.S. § 160A-364.1(b) given that they address the same subject matter and that the two statutory provisions establish that a claim for "refund for an illegal exaction in the development process is subject to the one-year statute of limitations in N.C.G.S. § 160A-364.1(b)," citing,
inter alia
,
In re M.I.W.
,
In the alternative, the Town asserts that the two-year statute of limitations set out in N.C.G.S. § 1-53(1) operates to bar plaintiffs' claims. More specifically, the Town notes that N.C.G.S. § 1-53(1) provides that "[a]n action against a local unit of government upon a contract, obligation or liability arising out of a contract, express or implied," must
*223
be filed within two years. N.C.G.S. § 1-53(1) (2017). The Town contends that the two-year statute of limitations set out in N.C.G.S. § 1-53(1) applies in this case because plaintiffs' claims are tantamount to a common law claim for breach of an implied contract given that a municipality's proprietary actions mirror those of a business, citing
Town of Spring Hope v. Bissette
,
In the event that plaintiffs' claims are not subject to the two-year statute of limitations set out in N.C.G.S. § 1-53(1), the Town contends that the applicable statute of limitations is the three-year statute of limitations set out in N.C.G.S. § 1-52(2) applicable to "a liability created by statute," quoting N.C.G.S. § 1-52(2) (2017). According to the Town, plaintiffs' claims are subject to the three-year statute of limitations set out in N.C.G.S. § 1-52(2) because the Town's liability is authorized by N.C.G.S. § 160A-174(b) and arises from the enactment of a pair of ultra vires ordinances. In the alternative, the Town argues that, if the applicable statute of limitations is not found in N.C.G.S. § 1-52(2), this case is governed by N.C.G.S. § 1-52(5), which applies to claims "[f]or criminal conversation, or for any other injury to the person or rights of another, not arising on contract," quoting N.C.G.S. § 1-52(5) (2017). 3
According to the Town, this Court has only applied the "catch-all" ten-year statute of limitations in cases involving resulting or constructive trusts, first citing
Orr v. Calvert
,
Finally, the Town argues that plaintiffs' claims are barred by the doctrine of estoppel by the acceptance of benefits. According to the Town, "one who voluntarily proceeds under a statute and claims benefits thereby conferred will not be heard to question its constitutionality in order to avoid its burdens."
Convent of the Sisters of St. Joseph v. City of Winston-Salem
,
Plaintiffs, on the other hand, argue that the General Assembly's decision to rewrite N.C.G.S. § 1-52(15) to provide a three-year statute of limitations for claims "for the recovery of an unlawful fee, charge, or exaction collected by a county, municipality, or other
*224
unit of local government for water or sewer service or water and sewer service," Act of June 29, 2017, ch. 138, sec. 10(a),
In addition, plaintiffs contend that the 2017 amendment to N.C.G.S. § 1-52(15) does not apply to this case because accrued and pending causes of action constitute vested rights, which are constitutionally protected, first citing
Rhyne v. K-Mart Corp.
,
In addition, plaintiffs contend that the one-year statute of limitations set out in N.C.G.S. §§ 160A-364.1 and 1-54(10) has no application in this case because plaintiffs' claims do not stem from a zoning or unified development ordinance adopted pursuant to Article 19 of Chapter 160A of the North Carolina General Statutes. Instead, plaintiffs have challenged the validity of the water and sewer impact fees that have been charged by the Town pursuant to the public enterprise authority granted by Article 16 of Chapter 160A of the North Carolina General Statutes. Similarly, the two-year statute of limitations set out in N.C.G.S. § 1-53(1) has no application in this case because plaintiffs' claims rest upon the exaction of unlawful impact fees rather than upon the breach of an implied contract, citing
Point South Properties
,
Plaintiffs assert that their claims against the Town accrued at the time of the Town's exaction of the unlawful water and sewer impact fees rather than upon the adoption of the related impact fee ordinances. The Town's argument to the contrary is flawed, in plaintiffs' opinion, because the impact fees that had been exacted from them had been adopted annually rather than in the relevant ordinances. Simply put, since a "plaintiff's injury is the wrong entitling plaintiff to commence a cause of action," quoting
Black v. Littlejohn
,
Finally, plaintiffs argue that a decision to accept the Town's estoppel by the acceptance of benefits argument would encourage the Town to engage in unlawful conduct and unjustly enrich the Town. Plaintiffs contend that they received no "benefit" from the payment of the unlawful impact fees given that their payments were mandatory, citing
Virginia-Carolina Peanut Co. v. Atlantic Coast Line Railroad Co.
,
Statutes of limitation are intended to afford security against stale claims. With the passage of time, memories fade or fail altogether, witnesses die or move away, [and] evidence is lost or destroyed; and it is for these reasons, and others, that statutes of limitations are inflexible and unyielding and operate without regard to the merits of a cause of action.
Estrada v. Burnham
,
As we understand the record, the first issue related to the statute of limitations that must be addressed is identifying the point in time at which plaintiffs' claims against the Town accrued. In
Williams
, this Court addressed the validity of an Orange County ordinance enacted pursuant to legislation adopted by the General Assembly "authoriz[ing] transfer by the [Equal Employment Opportunity Commission] to Orange County of employment discrimination complaints filed with it originating in the county and transfer by [the Department of Housing and Urban Development] to Orange County of housing discrimination complaints arising in the county."
[w]hen the enabling legislation and the Ordinance were first enacted, [the defendant] was just another employer in Orange County to which these new laws applied; any harm to [the defendant] was both prospective and speculative. The alleged wrongs to [the defendant] became apparent only upon enforcement of the Ordinance through the filing of lawsuits and proceedings against [the defendant].
Id
. at 179,
In determining whether a plaintiff is entitled to challenge the validity of an ordinance as subjecting the plaintiff to what is tantamount to a continuing harm, "we examine [the] case under a test that considers '[t]he particular policies of the statute of limitations in question, as well as the nature of the wrongful conduct and harm alleged.' "
Id. at 179,
A classic example of the "continuing wrong" doctrine can be seen in
Sample v. John L. Roper Lumber Co.
, in which the plaintiffs alleged that the defendant had repeatedly trespassed upon their property by unlawfully harvesting timber there. As this Court stated in
Sample
, "every wrong invasion of plaintiffs' property amounted to a distinct, separate trespass, day by day, and for any and all such trespasses coming within the three years the defendant is responsible."
On the other hand, in
Jewell v. Price
, the plaintiffs alleged that the defendant building contractor had constructed a home for them that contained a negligently installed a furnace. The Court concluded that the "defendant's negligent breach of the legal duty ... occurred on November 15, 1958, when he delivered to [the plaintiffs] a house with a furnace lacking a draft regulator and ... having been installed too close to combustible joists."
The essence of plaintiffs' claim against the Town is that the Town has exacted unlawful impact fee payments from them. In other words, "the nature of the wrongful conduct and harm alleged,"
Williams
,
In identifying the statute of limitations that applies to plaintiffs' claims against the Town, we begin by noting that, according to well-established North Carolina law, "[w]here one of two statutes might apply to the same situation, the statute which deals more directly and specifically with the situation controls over the statute of more general applicability,"
Fowler v. Valencourt
,
The gravamen of our previous decision in this case was that "the Public Enterprise Statutes ... clearly and unambiguously fail to give [the Town] the essential prospective charging power necessary to assess impact fees" and that, since "the legislature alone controls the extension of municipal authority, the impact fee ordinances on their face exceed the powers delegated to the Town by the General Assembly."
Quality Built Homes
,
Finally, we reject the Town's contention that plaintiffs' claims are barred by the doctrine of estoppel by the acceptance of benefits. In our opinion,
Convent of the Sisters of Saint Joseph v. City of Winston-Salem
has no application to the proper resolution of this case. In
Convent
, the plaintiff's predecessor in interest obtained a special use permit in accordance with the applicable zoning ordinance and received authorization to establish an otherwise prohibited elementary school pursuant to certain agreed-upon conditions set out in the applicable permit.
AFFIRMED IN PART; REVERSED IN PART; AND REMANDED.
In spite of the requirement that the water and sewer impact fees be paid at the time of final plat approval, Quality Built Homes was allowed to pay these fees at the time that it received individual development permits. After the filing of plaintiffs' complaint, an additional $4,000.00 in impact fee payments made by Quality Built Homes was placed into escrow by agreement of the parties, with the final disposition of this amount to be determined at the conclusion of the present litigation.
Although we had initially granted discretionary review with respect to these issues, we dismissed the discretionary review petition relating to them as having been improvidently granted.
Quality Built Homes Inc.
,
In its reply brief, the Town also suggested that the three-year statute of limitations applicable to claims "for the recovery of an unlawful fee, charge, or exaction collected by a county, municipality, or other unit of local government for water or sewer service or water and sewer service" set out in N.C.G.S. § 1-52(15), which had been enacted by the General Assembly after the filing of the Town's initial brief, constituted a clarifying amendment to N.C.G.S. § 1-52 and barred the maintenance of plaintiffs' claims. Act of June 29, 2017, ch. 138, secs. 10(b), 11,
In light of this determination, we need not decide whether the monetary payments that the Town exacted from plaintiffs constituted "a tax, fee, or monetary contribution for development or a development permit not specifically authorized by law." N.C.G.S. § 160A-363(e) (2017).
Given that determination, we overrule the Court of Appeals' decision with respect to the applicability of the three-year statute of limitations set out in N.C.G.S. § 1-52(2) in Point South Properties .
In light of our determination that the three-year statute of limitations set out in N.C.G.S. § 1-52(2) applies in this instance, we need not address the issue of the applicability of the three-year statute of limitations set out in N.C.G.S. § 1-52(5).
Although the Town has asserted that a number of shorter limitations periods should be deemed applicable in this instance, we do not find its arguments to that effect persuasive. For example, we are unable to conclude that the one-year statute of limitations set out in N.C.G.S. §§ 160A-364.1 and 1-54(10) has any application to this case because plaintiffs' claims do not rest upon a challenge to the validity of the Town's zoning or unified development ordinances. Similarly, we are unable to conclude that the two-year statute of limitations set out in N.C.G.S. § 1-53(1) has any application to this case because plaintiffs' claims rest upon a charge for water or sewer service imposed in violation of N.C.G.S. § 160A-314(a) rather than upon breach of an implied contract.
In determining that plaintiffs' claims against the Town are time-barred by the three-year statute of limitations set out in N.C.G.S. § 1-52(2), we note that the trial court, with the consent of the parties, allowed Quality Built Homes to place $4,000.00 in impact fee payments in escrow. The proper disposition of these monies is addressed at the conclusion of this opinion.
As a result of the fact that the three-year statute of limitations set out in N.C.G.S. § 1-52(2) applies to this case, the Court of Appeals necessarily erred in determining that plaintiffs' claims were subject to the ten-year statute of limitations set out in N.C.G.S. § 1-56.
Reference
- Full Case Name
- QUALITY BUILT HOMES INCORPORATED and Stafford Land Company, Inc. v. TOWN OF CARTHAGE
- Cited By
- 16 cases
- Status
- Published
- Syllabus
- Whether developers' claims against a municipality for a refund of illegally assessed water and sewer impact fees are barred by the statute of limitations or the doctrine of estoppel by acceptance of benefits.